law, for the whole of the civilized world" (pp. 5-6 Private International Law 2d Eng. ed.)

P. Fiore (Le Droit International Privé (1907) Vol. 1 p. 7), after declaring for the attainment of uniformity of this kind of law everywhere, proceeds: "Du reste, certains principes communes . ont dejà été admis par la majorite des États civilisés, et l'on peut avec raison esperer que dans un temps plus ou moins rapproché, on verra ces mêmes États admettre les meilleurs pour résoudre les conflits des lois d'États différents."

It is evident, therefore, that the distinctive characteristics of this branch of law are two: it is a part of the national law of every sovereign state and includes portions both of its civil or private law and its criminal or public law. At the same time it possesses a remarkable feature not shared by any other branch of national law in being already in part and tending as a whole to become similar in substance to the like branches of law in other states.

This fundamental trait of the branch of law under discussion is not merely a passing phase, but a permanent aim fixed for achievement. In fact, in 1888-1889 seven South American States held a congress at Montevideo which drew up rules intended for adoption by treaty between these states. Official representatives of nearly all European powers held conferences at Hague, which led to the adoption of conventions on international private law-one of the 14th of November 1896, three of the 12th of June 1902, and four of the 19th of July 1905. France, Germany, Italy, Netherlands, Portugal, Rumania and Sweden are parties to all the conventions-Luxemburg, Russia and Spain to those relating to judicial procedure and all the ten, Russia excepted, but with Austria, Belgium and Switzerland added, are parties to those on the validity of marriage, divorce and judicial separation, and the guardianship of minors. All the conventions remain open to ratification by all or any powers.

This reciprocity, mutuality, community of our branch of law parallelism, as we would like to term it-etymologically is usually expressed by a prefix "co". Webster's dictionary defines this prefix as implying with various words -"joint," "common," "mutual". Murray's New English dictionary tells that "co" in general sense is "in common," "justly," "equally," "reciprocally," "mutually".

It is the object of the present article to submit for the consideration of the legal profession a new name for what has been commonly known as "international private law" and what, it is hoped, will be termed in the future-"Conational Law".

The Conational law is that body of the national legal rules which either by legislative enactment, or through judicial action, is reciprocal with and tends to become common to all the national legal systems of the world. Etymologically it means a body of common, mutual, or reciprocal

national laws.

Borris M. Komar.

NEW BRITISH TRADE-MARKS ACT. The Royal assent to the bill was given on December 23, 1919, and it came into force on April 1, 1920.

The amendments of the trade-marks law contained in this act may be briefly summarized under three heads:

1. Amendments having for their object the provision of facilities for the registration in the United Kingdom of marks which, although not registrable under existing legislation, are, nevertheless, common-law marks and could be protected in the form of action known as a "passing-off action." (Sections 1-5.)

the use of the trade-mark owner of his word mark not for its proper purpose of distinguishing the goods of the trademark owner from the goods of other persons, but for the purpose of giving a name to an article, and thus under the protection of the trade-mark law obtaining in fact a perpetual monopoly of the manufacture of the article. (Section 6.)

3. Minor amendments to the trade-marks act, 1905. (Sections 7-13.)

The existing trade-marks act of 1905 defines in section 9 the necessary characteristics of a registrable trademark, and the limitations placed by this section on registration necessarily exclude a large number of marks which are and will continue to be actually used in trade and commerce. Such trade-marks so far as they in fact indicate a definite proprietorship would be protected by the common law, and it will be a considerable advantage to the trading community to have these marks collected and properly classified. Under the new scheme, though they will not have the special remedies accorded to trade-marks under section 9 of the principal act, they will be considered as registered marks, and the registration will be regarded as prima facie evidence of ownership. Apart from this advantage the proposal will, it is hoped, facilitate registration of British marks in foreign countries.

Most foreign countries require as a condition precedent to registration in their country that persons who are not subjects of their State shall prove that they have obtained registration in their country of origin. Many very valuable marks which are, in fact, distinctive of a particular trader's goods, can not at present be registered as trade-marks in the United Kingdom, as already pointed out, and can not therefore be registered as trademarks by British subjects in foreign countries. In the case of many such marks, traders abroad have actually registered the marks in foreign countries as their own trade-marks and have used them to pass off their own goods as the goods of the British manufacturer. They have even endeavored by means of such registration to restrain the importation of British goods bearing the marks of the true British proprietor who was responsible in the past for their creation and value. Sections 1 to 5 of the act contain a complete scheme for the registration of such common-law trade-marks.

Section 1 provides that for this purpose a new part of the Trade-Mark Register, to be known as Part B, shall be opened wherein such marks shall be registered.

Section 2 provides for the registration of all such marks which have been bona fide used in the United Kingdom for a period of not less than two years. Power is reserved to the registrar after such search as he may deem necessary, to refuse the application for registration on certain specified grounds or to accept it subject to such conditions, amendments, or limitations as he may think right to impose. An appeal lies from the registrar's decision to the court.

Section 3 applies certain provisions of the principal act to the marks registrable under this act. These provisions are necessary to provide machinery for opposition and other proceedings before the Patent Office.

Section 4 provides that the entry of a mark in part B of the Register shall be merely prima facie evidence that the owner has the exclusive right to the use of the mark, and the only power that the owner of such mark will have in the United Kingdom will be such powers as he would have had in a passing-off action, except that the onus of proving that the mark has not been infringed has been placed upon the defendant.

Section 5 allows the registrar when he is considering an application to register a mark under the principal act in part A of the Register, and is of opinion that such applica

tion should be refused, instead of absolutely refusing to register the mark under part A of the Register, to treat it as an application under part B, and proceed accordingly.

The provisions of the above-mentioned sections will, in the opinion of the board of trade, enable British trademark owners to obtain protection for their marks in foreign countries, and will, at the same time, be a more or less complete record of marks in use in the United Kingdom. As regards common-law marks so registered in part B, substantially no greater rights in the United Kingdom will be acquired by registration than are at present capable of being enforced in a passing-off action.

Section 6 has for its object the remedying of the abuse of the trade-mark law referred to under head above. The proper function of a trade-mark is to indicate that the goods upon which it is used are the goods of a certain trader by virtue of manufacture, selection, sale, etc. The name by which an article is commonly known, without any reference to its origin, is not a proper registrable trade-mark, and the courts have on many occasions removed such marks from the Register. The evils resulting from the possession of any monoply in the name of article have been most conspicuous in the case of drugs, and in particular drugs which were originally protected by a patent. It is a wellknown principle of law that the name of a patented article can not be protected as a trade-mark. Otherwise the rights of the public to manufacture the article after 14 (now 16) years might be practically destroyed if they were unable to use the name by which alone the patented article has been known and sold.

The section deals only with the more conspicuous examples of the abuse described, viz. the use of the name of a patented article as a trade-mark after the expiration of the patent, and the use as a trade-mark of the name or only practical description of a single chemical elementary compound, and provides for the removal of such marks from the register by application to the court of any person aggrieved. In the case of marks registered before the passing of the act, no application for the removal of the mark will be entertained for four years from the passing of the act.

Section 7 transfers from the Board of Trade and the court to the registrar the power to determine the distinctiveness of marks other than those referred to in paragraphs 1 to 4 of the section. The change will simplify and cheapen the procedure.

Section 8 transfers the right of appeal in matters which involve legal interpretation of the acts from the Board of Trade to the court. It further gives the court power to exercise the same discretion in dealing with cases as is now exercilsed by the registrar. Registrar dissatisfaction has been caused in recent years by the fact that on appeal from the registrar the court has in certain cases avoided a direct decision on the merits of the case, and has rejected appeals on the ground that the registrar has exercised a discretion which should not be interfered with. The court will now have the fullest power of revision and appeal.

Section 9 gives to the registrar an original jurisdiction to rectify the Register. This will enable any marks which have ceased to be used to be removed from the Register. Many such marks remain on the Register at presnt owing

patents and designs act. It is just as essential that the public should be informed of the true owner of a trade-mark as it is that they should know the real proprietor of a patent or design. The second schedule to the act deals with minor amendments which the administration of the act of 1905 has shown to be desirable.

RECENT AUSTRALIAN TARIFF.

The long expected revision of the Australian tariff entered the legislative stage on March 25, when the bill was introduced and went into effect provisionally, pending its discussion in Parliament. The new schedule differs only slightly from the old schedule as far as the wording is concerned, but the new measure provides for three sets of tariff rates, the British preferential to be applid to imports from the United Kingdom, the intermediate to be granted upon conclusion of reciprocity treaties, and the general to be applied to all countries not entitled to either of the other tariffs. In this respect the new Australian tariff resembles the tariff of Canada, which has been in effect since 1907. No official statement in regard to the extension of the preferential tariff to other parts of the British Empire has as yet appeared, but from an unofficial statement in the London Times it would seem that it is intended to withhold preferential treatment from British dominions with a lower economic standard than that prevailing in Australia. In general, the difference between the general and the preferential tariff is 10 percent ad valorem, and between the intermediate and the other two tariffs, 5 per cent ad valorem. In some cases the difference is much greater. This is especially true of the tariff items relating to scientific instruments, for which the preferential reduction is generally 20 per cent ad valorem.

The new tariff is in many respects far more protective than its predecessor. The chief object of the present revision, as stated by the prime minister during the recent campaign, is "to protect industries born during the war and to encourage others that are desirable and will diversify and extend existing ones." It will be remembered that by the proclamation of November 1, 1919, the Australian Government restricted the importation of a number of articles, with a view to giving them additional protection pending the preparation of a new tariff measure. The list of articles subject to restriction was made up largely of products of industries created or expanded during the war, and it is noted that the new tariff provides considerable increases in duty on such articles. The import prohibitions are to be withdrawn on May 13. The textile and metal schedules contain some of the largest increases, while certain chemical products, such as coal tar derivatives, alcohol., etc, have also been singled out for additional protection. In the case of certain iron and steel products, like tin plate, corrugated galvanized plates and sheets, tubes, and pipes, and sewing machines, higher duties are provided for to take effect July 1, 1921, or January 1, 1922, when the industries affected are to be established in Australia.

ing to the court to remove them. Power is also given to the registrar to direct a trade-mark entered in Part A of the Register to be removed to Part B.

Section 10 remedies a defect of the 1905 act, which does not give the registrar the power which he should have to deal with the costs of all proceedings before him.

Section II makes it compulsory to register all assignments of trade-mark. A similar clause appears in the

The information now available concerning the resumption of trade and business relations with Russia, seems to point out to a reasonably near approach of normal conditions. The commercial relations apparently are to be confined to governmental sales and purchases. Industrial enterprises by foreigners in Russia on the other hand would be naturally limited to the undertakings, the development of which will be specifically permitted to them by Russian

government. The legal procedure in the latter instance may be surmised from the only example at hand. On February 4, 1919, the Council of People's Commissaries has granted concession to Mr. Borisov, a Russian, and to Mr. Hannevig, a Norwegian, for the building of a railroad in the North of Russia and for the exploitation of forest and mineral resources there.

On granting the concession the Council laid down the following principles to serve as guides in the future on similar occasions:

1. The granting of concessions to the representatives of the foreign capital is deemed desirable in principle in all those cases when only by these means it is possible to develop productive resources of the country.

2. The concession itself must be proved to be a useful undertaking for Russia and be besides, capable of practical realization.

The petition for a grant of a concession with all the plans and explanations is first of all submitted to a special committee formed at All-Russian Council of Public Economics. This committee is aided by special representatives of People's Commissariats of Finance, Justice and War, as well as those of All-Russian Council of Trade Unions. Within two weeks the committee is supposed to report on the concession submitted to it.

Secondly, the Commissariat of War has to report on the concession from military and strategic points of view. Two weeks are given for the preparation of this special report.

Thirdly, the concession and the reports thereon are discussed at a general meeting of the All-Russian Council of Public Economics, which afterwards forwards all the matter with its opinion thereon to the Council of People's Commissaries.

Fourthly, the Council of People's Commissaries either approves or disapproves the grant of a concession.

Financial terms of the concession seem to provide exploitation of forests for varying periods of time beginning with forty-eight years and ending with eighty. All the timber cut is charged with five per centum tax in favor of the government of Russia calculated on the basis of current quotations on London market. Mining rights are granted on payment of a royalty of one kopek per thirty-six pounds of ore mined irrespectively of the kind of the ore. Banking is permitted but cash loans on interest are excluded from the scope of bank's activities.

No income or industrial taxes are provided for, but foreign enterprises are to pay to the Russian government twenty-five per centum of their total net profits.

The Council of People's Commissaries has also announced that to expedite the matters relating to a grant of a concession and to get a more favorable consideration it is necessary to show proofs to the effect that the concessionairs are backed by allied or neutral concerns of such standing as to assure the carrying out of the plans comprised in the concession. The ability of the firms in question to finance the undertaking, to supply all the necessary machinery and material and to complete undertaken construction is particularly inquired into.

NEW LAWS AND REGULATIONS

BELGIUM.

Insurance Policies with Germans.

"Le Moniteur Belge" publishes the text of a law by which life insurance policies of German companies in favor of Belgians are canceled as of April 10, 1920. These policies have been taken over by the Belgian Government, which will confide their execution and control to a bureau

Board of Trade has issued new instructions and regulations for the conduct of business with German nationals:

Trade with Germany is in general no longer subject to any restrictions other than those imposed on trade with other foreign countries. Any goods may be exported to Germany without license, except goods on lists A and B of prohibited exports and any goods may be imported into the United Kingdom from Germany except goods on the importation of which from all countries restrictions have been or may be imposed. The following considerations must. however, be borne in mind in transacting business with German nationals: (a) The property, rights, and interests within the date on which the treaty of peace came into force (namely January 10, 1920), unless acquired as the result of a transaction undertaken since the resumption of trade with Germany was authorized (i.e., since July 12,1919), are subject to charge under the treaty of peace order, 1919, and no transaction of a commercial or financial nature is therefore permissible which involves the delivery, sale, or transfer of any such property, rights, or interests.

(b) The settlement of all outstanding debts between British subjets resident within the United Kingdom and German nationals resident in Germany, with the exception of debts arising out of transactions undertaken since July 12. 1919, must be effected through the medium of the Clearing Office for Enemy Debts, and any transactions involving the settlement or transfer of such debts is prohibited.

Subject to such restrictions as may be imposed by the German authorities, individuals and firms of British nationality are at Derty to invest money in German businesses and to establish firms or agencies in Germany.

Restrictions on Former Enemies.

The freedom to trade, to carry on business, and to acquire property, in the United Kingdom is limited by the following special restrictions imposed on nationals of Germany, Austria, Hungary, Bulgaria, and Turkey:

(a) For a period of three years from December 23, 1919, no national of the above-mentioned countries may enter the United Kingdom without a special license or remain in this country for a longer period than three months, except as provided in section 10 of the aliens' restrictions (amendment) act, 1919.

(b) For a period of three years from Decebemr 23. 1919, no national of the above-mentioned countries will be permitted to acquire any interest in land, in any concern carrying on a "key industry," or in any company owning a ship registered in the United Kingdom. (Vide Section II, aliens' restriction (amendment) act, 1919.)

(c) For a period of five years after the termination of the war, no business connected with certain nonferrous metals and metallic ores may be carried on by, or under the influence or control of, a national of the above-mentioned countries, except under license of the Board of Trade. (Vide nonferrous metal industry act, 1918, and nonferrous metal industry rules, 1918.) (d) For a period of five years after the termination of the war, and thereafter until Parliament may otherwise determine, no banking business may be carried on for the benefit or under the control of a national of the above-mentioned countries. (Vide section 2, trading with the nemy act, 1918, and enemy banking business rules, 1918.)

(e) No national of the above-mentioned countries may act as master, officer, or member of the crew of a

The Ministry of Finance at Athens according to the issue of "The Near East" of April 15, has recently issued the following statement: "Any person who imports money into Greece, not as fulfillment of payment due by any kind of obligation, is allowed to reexport the equivalent amount of the money imported. Also any person who, since January 27, 1920, has deposited, or will deposit, in a bank foreign exchange, is entitled to be refunded his deposit in the same exchange as it has been deposited."

HUNGARY.

Currency and Fiscal Measures.

The Hungarian Government in a decree issued March 18, orders the stamping of Austro-Hungarian bank notes circulating in Hungarian territory. This order is issued in conformity with a clause of draft of peace treaty and is effective with regard to all currency circulating in Hungary except following: Notes of I and 2 crowns issued by Austro-Hungarian Bank; notes of 5, 10, and 20 crowns issued by Hungarian Postal Savings Bank; falsifications of 25 and 200 crowns notes of Austro-Hungarian Bank printed by Bolshevist Government; and certain old notes which have been recalled by the Austro-Hungarian Bank, some of which are still in circulation. Every person, firm, corporation, or society in Hungary is obliged to present for stamping, between March 18 and 27, inclusive, all Austro-Hungarian bank notes in his or its possession or custody regardless of whose property such currency may be. Notes to be stamped ceased to be legal tender on 18th, and on or after March 28 it will be unlawful to demand or offer such notes in payment of debts or contracted obligations or to deal in them.

Fifty per cent of total of notes presented for stamping will be paid out in stamped Hungarian notes. For the remaining 50 per cent. the owner is given nontransferable certificates, later to be converted into nonnegotiable State obligations bearing 4 per cent. interest The decree provides that bonds may be used instead of cash in the payment of certain debts to the State, but can not be used, as far as can be seen from the law, for the payment of ordinary taxes. The decree states that, in the event of a future capital tax, the bonds will be received in payment thereof at face value, comformable to their nonnegotiable character, only from the person to whom they are now issued.

The de ree further provides for a similar loan from owners of all forms of commercial bank accounts equal to 50 per cent. of the amount which their accounts have increased between January 15 and March 18, 1920. accounts are practically unaffected by the law.

Income Tax Decree.

Savings

ITALY.

By law effective March 20, 1920, the manufacture and sale of al liquors, not containing over 25 per cent. of alcohol and not containing anise, are now permitted in Yucatan.

Fees for Registration of Trade-Marks.

A decree became effective April 1, 1920 amending the revenue law for the current years as regards the fees to be collected for the registration of trade-marks, commercial names, etc. as follows:

A fee of 20 pesos shall be collected for registration of a trade-mark, and a fee of 10 pesos for renewals of such registrations. For the publication of a commercial name, the fee is 10 pesos. The registry of a commercial advertisement may be made at the rate of 5 pesos for a period of 5 years; 10 pesos for 10 years; and 5 pesos for each renewal or registry.

The Norwegian Price Control Commissioner has limited the profits for dealers in motor vehicles to 15 per cent. on the first 10000 kronen, 121⁄2 per cent. net. on the following 5000 kronen and 71⁄2 per cent. on larger sums. This restriction is in force since February 15. The above percentage is calculated on cost, insurance, freight and duty.

Suspension of Gold Payments.

The Royal decree of March 19, 1920 suspends payments of gold specie by Norges Bank. It is, however, provided that the Bank may permit in its descretion sales for industrial purposes at bullion value.

Provisions for the withdrawal of the paper currency issued in Peru during the war have been modified by an act recently passed by the Assembly and approved by the President.

The following is a translation of this act and the provisions of former decrees which it affects:

When the international financial situation caused by the recent war shall have returned to normal, the President shall confer with the Junta de Vigilancia (the Government organization created to superintend the issue of the paper currency to the banks and to take charge of the guaranties required of them), and shall determine in what manner and at what times the following operations shall be carried out: (a) The withdrawal of the paper currency issued during the war. The original act sanctioning such issues provided for their retirement within six months after the end of the war. (b) The transfer to Peru of the gold deposited in foreign banks as guaranty of this paper currency. The act authorizing such deposits abroad decreed that they were to be transferred to Lima as soon as the gold-export embargo should be lifted by the United States and England, and that said gold was to be deposited in the Junta de Vigilancia to increase the gold guaranty of the paper currency. (c) The control of the delivery to the Junta de Vigilancia by the banks issuing paper currency of either gold or paper currency which would enable them to withdraw equal amounts from the gold guaranties deposited abroad. Such delivery had been sanctioned by the original act authorizing the deposit of the gold guaranties abroad.

Ratification of Trade-Mark Convention.

The Peruvian Congress ratified the Pan-American International Trade-Mark Convention on April 14, 1920. Including Peru, six South American countries have ratified the convention and only the ratification by one additional country is necessary to complete the number required for the establishment of the registration bureau at Rio de Janeiro.

Mark Made Legal Tender.

POLAND.

The official organ, “Monitor Polski," publishes the following decree of the Diet of January 15, establishing the Polish mark as the legal tender in all the territories of the Republic:

Article 1. The Polish mark is hereby made the legal tender in all the territory of the Republic.

Art. 2. In those parts of the Republic where the AustroHungarian crown was used as a legal tender, all payments are now to be made either in crowns or in Polish marks at the rate of 70 marks to 100 crowns.

Art. 3. All payments in Austro-Hungarian crowns can be made in Polish marks according to the above rate.

Art. 4. Any agrement in contradiction to these regulations with regard to payment due in crowns but paid in marks at a different rate than the current rate, or refusal to receive payment in marks, is prohibited.

Art. 5. Whosoever violates the above regulations, as contained in article 2, is liable to imprisonment for one year or a fine of not more than 1,000,000 marks. Any agreement concluded in opposition to these regulations is invalid. The district court, and eventually all courts of justice, can enforce these penalties.

Art. 6. The decree goes into effect on the day of its first publication.

Art. 7. The enforcement of the decree is intrusted to the Minister of Finances.

Commercial Codes.

PORTUGAL.

A ministerial decree of the Portugese Government authorizes the acceptation for international telegrams messages in the following codes: A_B_C_Fifth edition, Ribeiro, Western Union, Lieber's, Bentley's Phrase Code (not including separate supplements), Broomhall's Imperial Combination Code (not including the special edition), Meyer's Atlantic Cotton 33A edition, Scott 10A edition, A. B. Riverside, Pari Lugagne.

In addition to these, all other codes are authorized, which do not have combinations prejudicial to the interests of the Portugese Government, whose use is reciprocally admitted by other countries and a copy of which is deposited in the central telegraph office.

Commercial Agreement with Greece.

SPAIN.

"Gaceta de Madrid" for February 3, 1920, announces that the convention of commerce and navigation concluded under date of September 23, 1903, between Spain and Greece and denounced by the latter country with effect from February 20, 1920, is to be prorogued for periods of three months until further notice.

RECENT DECISIONS.

UNITED STATES*

ADMIRALTY.

A court of admiralty held to have jurisdiction of a suit in personam, although both parties resided in an adjoining district, where there was no evidence of want of good faith on the part of libelant his motive being to secure foreign attachment on a vessel then in the jurisdiction of the forum.— Cavanaugh v. Starbuck Towing Corporation, 261 F. 656.

BANKRUPTCY.

When the Bankruptcy Act of 1898 was enacted, there was no authorative construction of previous acts, whereby debts due foreign creditors were excluded from the bar of discharge, and the weight of the opinion was the other way, so that Bankruptcy Act 1898, par. 17a (U. S. Comp. St. par. 9601), providing that a discharge shall release all approbative debts duly scheduled, and section 65d (section 9649), referring in terms to claims of foreigners, will not be construed as excluding such claims from the bar of discharge.

Construing Bankruptcy Act 1898, par. 17a (U. S. Comp. St. par. 9601), as barring future recovery in this country of all properly scheduled debts owing to foreigners, is not so

* By courtesy of West Publishing Co., St. Paul, Minn.

unjust as to lead to an inference that it was not intended, since it merely places foreign creditors upon an equality with domestic. Moreney V. Landry 108 A. 855.

CONTRACTS

Every contract as to the validity and nature-the right, in contra-distinction to the remedy-is governed by the law of the place where made, unless to be performed in another place, when it is governed by the law of the place of performance.

The capacity of parties to contract is, with some few exceptions, determined by the law of the place with reference to which the contract is made, which is usually the place where made, unless it is to be performed in another place or country, and then by the law of that country.

Where a contract, invalid in the state where it is executed because of lack of contractual capacity of the parties, provides for performance in a state whose laws will uphold it, such provision is alone sufficient to evidence an intention to bring the contract within the laws of the latter state; the true criterion as to the governing law being the intention of the parties as to what law shall govern.-Poole v. Perkins, 101 S. E. 240.

When a party comes into court to enforce his remedy on a contract, that remedy will be enforced in accordance with the laws of the state regulating the remedy, and not according to the remedy of state where contract was made.-Shores -Mueller Co. v. Palmer, 216 S. W. 295.

Arkansas courts will, as Texas courts would, in a like controversry, apply the laws of Texas in determining the validity of a contract made and to be performed in Texas.Buchanan-Vaughan Auto Co. v. Woosley, 218 S. W. 554.

Contract for sale of steel plates for export was not illegal, because thereafter a government embargo on such shipments was promulgated, whereit is not shown that either party intended to make shipment without government permit. Commoss v. Pearson, 180 N. Y. S. 482.

A contract between citizens of the United States, made in 1916, for the purchase of German bonds, valid when made, was not destroyed by the severance of peaceful relations between this country and Germany, so as to give the purchaser a right to recover the amount paid for bonds not delivered, as money had and received.—Erdreich v. Zimmermann, 179 N. Y. S. 829.

CORPORATIONS.

Under Arkansas Const. art. 12, par. 11, the regulations, limitations, and liabilities imposed upon domestic corporations constitute the measure of the liabilities of foreign corporations.-Pekin Cooperage Co. v. Duty, 215 S. W. 715.

California Civ. Code, par. 405, 406, 408 and 410 prescribing conditions under which foreign corporations might do business within state, are clearly inapplicable to an action where they were all repealed before it was instituted, and before assignment of the contract of sale under which plaintiff claims was made.

The asignment to an Illinois piano company by a retail firm in San Francisco of an installment contract of sale, being outside the ordinary business of the Illinois piano company, held not to constitute doing business in California; the taking of a single assignment not being an intrastate transaction.

The burden is on the party pleading against plaintiff foreign corporation the bar of the statute prohibiting its doing business in the state without complying with the statute requiring filing of copy of articles of incorporation, etc., to show that the case comes within the terms of the statute.W. W. Kimball Co. v. Read, 185 P. 192.

Contract by foreign corporation for purchase of real estate in Indiana to be used for conducting its business within the state held within Burns' Ann. St. 1914. par. 4085, as to foreign corporations, which have not complied with statutes of the state, not being allowed to transact business therein; the act of purchase not being within that class of cases denominated isolated transactions, and the doctrine of state comity not prevailing against section 4093.

Though vendor took shares of stock of foreign corporation in part payment of purchase price, and failed to take any steps to secure compliance by corporation with statute, compliance with which is a condition precedent to doing business within the state, the vendor did not waive, and is not estopped in action for specific performance from setting up as a defense, the corporation's noncompliance with statute.